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IN RE HDD ROTARY SALES, LLC

Bankruptcy No. 11-38053. Adversary No. 13-03031.

499 B.R. 542 (2013)

In re HDD ROTARY SALES, LLC, Debtor(s). Robert Ogle, Plaintiff(s), v. JT Miller, Inc., et al., Defendant(s).

United States Bankruptcy Court, S.D. Texas, Houston Division.

October 15, 2013.

Attorney(s) appearing for the Case

Leonard H. Simon, Pendergraft & Simon, LLP, William Kyle Vaughn, Houston, TX, for Debtor(s).

Christopher Adams, Okin Adams & Kilmer LLP, George Yvon Nino, Okin and Adams, Houston, TX, for Plaintiff(s).

Owen S. Jones, Attorney at Law, Friendswood, TX, for Defendant(s).

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

Robert E. Ogle, the Plan Agent under HDD Rotary Sales, LLC's confirmed plan of reorganization, sued JT Miller, Inc. and Jay Miller to avoid alleged fraudulent conveyances made in the 2009-2010 time period. An initial trial was held on whether HDD was insolvent on the dates of the alleged transfers.

Mr. Ogle did not sustain his burden of proof as to insolvency on the date of the first alleged...

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